Sunday, July 4, 2010
New Propsed Legislation Coming Up IMMEDIATELY:
First Glimpse of Mine Safety Bill Discussion Draft Poses Challenge
After initial review of the discussion draft of Mine Safety legislation unveiled Tuesday in the House Committee on Education and Labor, it is clear that this wide-ranging measure would, if enacted, pose substantial challenges to aggregates operators. NSSGA has learned that a Committee hearing will be held shortly after the July 4th recess. Following that, a mark-up (or vote) will be held, and the bill could proceed to the House floor as early as late July. While the measure was described as targeting recidivist offenders of mine safety rules….this draft bill looks like it will hit all operators very hard.
Among the most serious provisions are the following:
- Overhaul of the pattern of violations to clarify ambiguity and to ensure that the nation’s most dangerous mine operations improve safety dramatically but pattern system is vague, penalties are doubled while mine is on pattern status; the language states that – once a mine is placed on pattern – the entire mine would be shut down until it complies with an MSHA remediation order.
- Extension of subpoena power to “any of the functions under this Act;” no criteria or limitations for use of subpoena power.
- Expansion of the definition of S&S to apply “if there is a reasonable possibility that such violation could result in injury, illness, or death;” this eliminates the requirement that an S&S violation be of a “reasonably serious nature;” this could render most violations as warranting S&S classification.
- General prohibition that attorneys used by operators for defense against alleged violations from being used by operator company employees, as well.
- Requirement that operators include contractors in injury and illness reports.
- Increases in maximum criminal and civil penalties, e.g., maximum civil penalty for S&S increases to $150,000.
- Reduction in the threshold for criminal liability from “willful” to “knowing;” this is not defined, first violation is now a felony, advance notice of inspections would be become a felony.
- Increases MSHA’s accountability by requiring an independent investigation of accidents in which three or more miners die; also it would require pre-shift reviews of conditions and communications to ensure that appropriate safety information is transmitted.
- Increases in penalties for retaliation against whistleblowers.
- Charge of pre-judgment interest (rather than escrow payments) for challenged citations.
- Provision of injunctive relief for a “continuing hazard.”
- Expansion of Section 110 © provisions dealing with personal liability to any officers, directors and agents of the company.
While NSSGA looks to soon provide further reporting and analysis of the potential impacts of the bill, we also welcome any comments or technical analysis that individual members would like to share as soon as possible. I can be reached at (703) 526-1074 / jcasper@nssga.org. However, in the wake of the April 5 coal disaster that spawned this action, it’s difficult to envision a way in which this vehicle could foster further improvements in aggregates industry worker safety and health.
After initial review of the discussion draft of Mine Safety legislation unveiled Tuesday in the House Committee on Education and Labor, it is clear that this wide-ranging measure would, if enacted, pose substantial challenges to aggregates operators. NSSGA has learned that a Committee hearing will be held shortly after the July 4th recess. Following that, a mark-up (or vote) will be held, and the bill could proceed to the House floor as early as late July. While the measure was described as targeting recidivist offenders of mine safety rules….this draft bill looks like it will hit all operators very hard.
Among the most serious provisions are the following:
- Overhaul of the pattern of violations to clarify ambiguity and to ensure that the nation’s most dangerous mine operations improve safety dramatically but pattern system is vague, penalties are doubled while mine is on pattern status; the language states that – once a mine is placed on pattern – the entire mine would be shut down until it complies with an MSHA remediation order.
- Extension of subpoena power to “any of the functions under this Act;” no criteria or limitations for use of subpoena power.
- Expansion of the definition of S&S to apply “if there is a reasonable possibility that such violation could result in injury, illness, or death;” this eliminates the requirement that an S&S violation be of a “reasonably serious nature;” this could render most violations as warranting S&S classification.
- General prohibition that attorneys used by operators for defense against alleged violations from being used by operator company employees, as well.
- Requirement that operators include contractors in injury and illness reports.
- Increases in maximum criminal and civil penalties, e.g., maximum civil penalty for S&S increases to $150,000.
- Reduction in the threshold for criminal liability from “willful” to “knowing;” this is not defined, first violation is now a felony, advance notice of inspections would be become a felony.
- Increases MSHA’s accountability by requiring an independent investigation of accidents in which three or more miners die; also it would require pre-shift reviews of conditions and communications to ensure that appropriate safety information is transmitted.
- Increases in penalties for retaliation against whistleblowers.
- Charge of pre-judgment interest (rather than escrow payments) for challenged citations.
- Provision of injunctive relief for a “continuing hazard.”
- Expansion of Section 110 © provisions dealing with personal liability to any officers, directors and agents of the company.
While NSSGA looks to soon provide further reporting and analysis of the potential impacts of the bill, we also welcome any comments or technical analysis that individual members would like to share as soon as possible. I can be reached at (703) 526-1074 / jcasper@nssga.org. However, in the wake of the April 5 coal disaster that spawned this action, it’s difficult to envision a way in which this vehicle could foster further improvements in aggregates industry worker safety and health.
Joseph S. Casper
Vice President, Safety Services
National Stone, Sand & Gravel Association
1605 King Street
Alexandria, Virginia 22314
(703) 526-1074
(703) 525-7782 (fax)
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